Fireworks are illegal for private use in Massachusetts. Under G.L. c. 148, § 39, it is a crime to possess, use, or set off fireworks, including sparklers, and a more serious crime to sell them, even if you bought them legally in another state. For simple possession, the penalty is a fine of $10 to $100, but it is still a criminal charge, and police must seize the fireworks on the spot.
At a Glance: Fireworks
$10–$100 fine
for possessing, using, or setting off fireworks; no jail
Up to 1 year
and/or a $100–$1,000 fine for selling or offering to sell
Sparklers count
the statute lists them by name
Seized on the spot
police must take the fireworks without a warrant
The law: G.L. c. 148, § 39
What the Law Covers
Section 39 bars anyone from selling, keeping or offering for sale, possessing, controlling, using, exploding, or causing to explode any composition, substance, or article prepared to produce a visible or audible effect by combustion, explosion, deflagration, or detonation. The statute lists examples, including:
- firecrackers, cherry bombs, silver salutes, and M-80s;
- sky-rockets, Roman candles, rockets, wheels, fountains, mines, and serpents;
- sparklers and colored fires;
- blank cartridges or toy cannons that use explosives; and
- toy balloons that need fire underneath to fly.
It also covers any other fireworks of like construction and any device containing an explosive or flammable compound.
Possessing vs. Selling Fireworks
Possess, control, use, or set off
Having fireworks, or lighting them, without a display permit
$10–$100 fine. No jail. Fireworks seized and forfeited.
Sell, keep for sale, or offer for sale
Selling or stocking fireworks for sale in Massachusetts
Up to 1 yr and/or $100–$1,000 fine. Warrantless arrest allowed.
Not covered
Toy caps within the statute’s limits, permitted displays, signal flares, and other listed exceptions
No violation
The law: G.L. c. 148, § 39
What Is Not Covered
The statute does not apply to:
- toy pistols, canes, and guns that use paper or plastic caps within the statute’s explosive limits, and the caps themselves;
- a supervised display under a permit issued under § 39A;
- sales of fireworks shipped directly out of Massachusetts;
- flares and signal devices used by railroads, boats, motor vehicles, and other transportation;
- blank cartridges for licensed shows, sports, ceremonies, industrial tools, the militia, and veterans’ organizations;
- ammunition and gunpowder for hunting and target practice; and
- farmers and fruit growers with a permit who use firecrackers to keep birds off their crops.
Display permits are issued under rules requiring a competent operator approved by the local fire chief and a written application at least 15 days ahead.
What the Commonwealth Must Prove
Under the model jury instruction (District Court Instruction 7.420), the Commonwealth must prove beyond a reasonable doubt that:
- you possessed, had under your control, used, exploded, or caused to explode an item;
- the item was a firework as the statute defines it; and
- you knew you possessed, controlled, used, or exploded it.
For a sale charge, the Commonwealth must prove you sold, kept for sale, or offered fireworks for sale.
Penalties
- Possessing, controlling, using, or exploding: a fine of $10 to $100. The statute provides no jail for this offense.
- Selling, keeping for sale, or offering for sale: up to 1 year in jail, a fine of $100 to $1,000, or both. Police may arrest without a warrant.
- Seizure and forfeiture: police must seize the fireworks without a warrant, and they are forfeited to the Commonwealth on conviction.
Defenses
- Not a firework: the item does not fit the definition, or it falls within the cap-gun exception.
- An exception applies: a display permit, a signal or ceremonial use, or another listed exception.
- No knowledge or control: you did not know the fireworks were there, which matters in shared cars and homes.
- No sale: having a large amount is not the same as selling or keeping it for sale.
- Unlawful search: fireworks found through an illegal stop or search may be suppressed.
Why a Lawyer Matters
A fireworks charge looks minor, but it is a criminal complaint, and a sale charge carries possible jail. A lawyer can challenge whether the item is a firework, whether you knew about it, and whether the evidence supports a sale. Attorney William J. Barabino has defended criminal cases for 23 years. Call 781-393-5900.
Related Charges
Disclaimer
This article is for general educational information about Massachusetts criminal law. It is not legal advice for your situation, and reading it does not create an attorney-client relationship. Laws change. For advice about a specific case, speak with a licensed Massachusetts attorney.
